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Recognizing rapeLane, Julie Dawn 16 October 2012 (has links)
During the second-wave feminist movement, anti-rape activists sought to heighten cultural awareness about the pervasiveness of rape and instigate legal reforms that would increase the number of prosecutions and convictions of rapists. Despite resulting legal reforms that expanded the definition of "rape" and that eliminated resistance requirements and marital exemptions, reform efforts have been a failure in terms of increased reporting and achieving heightened response from the criminal justice system. I attribute the ineffectiveness of rape law reforms partially to the way in which the concept of rape was framed during the anti-rape movement. In particular, I argue that broadening the concept, detaching it from its sexual features, and paralleling the phenomenon to other violations such as property and assault have the effect of obscuring the unique indignity of rape. This, in turn, has inhibited the full legal recognition of the victim and her injury. I explore possibilities for an alternative conceptualization of rape that instead acknowledges and accommodates the distinctive features of the phenomenon in terms of sexuality, embodied differences of gender and race, subjective states of submission, and the encompassing nature of the injury as a violation of the integrity of self in both bodily and psychological dimensions. In order to enhance the recognition of the victim and her injury, I suggest that: a) legal discourse should be opened up to better account for concrete circumstances and embodied differences (as opposed to the reliance on abstract rights and principles and the generalized subject); b) victims should be allowed to provide an uninterrupted narrative of their rape experience and its consequences; and, c) "consent" as the predominant guiding legal standard should be reevaluated and replaced with an assessment of how force was subjectively experienced. / text
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Education versus equality : supporting single-gender, public institutions for womenSiekman, Jennifer L. January 1996 (has links)
This study presents a theory supporting single-gender, public institutions for women based on constitutional and legal history, educational theory, and feminist theory. Evidence from these areas suggest that single-gender, public institutions can be legally reviewed as constitutionally sound; that women can positively affect their situation in public life by learning the tools necessary to succeed in an educational environment without the added competition of men; and that once women experience leadership positions in college, they will understand how to gain access to channels of power. In order to reach the masses of women, this form of education must be offered as a choice in the public system of higher education so that all women, regardless of geographic or financial restrictions, can take advantage of a single-gender education. / Department of Secondary, Higher, and Foundations of Education
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American Courts and Privacy of the BodyBason, Jim 08 1900 (has links)
The right to be let alone has been developing throughout history to offset the seemingly relentless encroachments by government in efforts to regulate "morality," and by governmental and/or business uses of technological advancements to control the individuals privacy. Thus, the espoused constitutional right of privacy has come to be the way for individuals (and groups) to stave off society's attempts to control or divert the individual from his right to be let alone.
This work examines both state and federal court cases in an attempt to show that privacy has come to be a basic, constitutional right to be used against society's intrusions in areas of personal and sexual privacy.
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